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The Kern County, California District Attorney's Office has decided not to file charges against a man who was on death row for more than two decades, setting him free.Lisa Green made the announcement on Tuesday, saying the case would be nearly impossible to retry in court. She said it would be very difficult to convince a jury beyond a reasonable doubt of Benavides' guilt.According to a decision released by the California Supreme Court last month, the convictions of Vicente Benavides in 1993 "were based on false evidence and that he received ineffective assistance of counsel."The decision also says that "false evidence was introduced at trial and that petitioner's convictions of substantive sexual offenses, special-circumstance findings, and judgment of death must be vacated."Benavides was convicted in 1993 of first-degree murder, rape and other charges. He was sentenced to life. He was serving his term on death row in San Quentin. It was asked that his murder conviction be reduced to second-degree murder. That was also thrown out. The judgment has been vacated entirely. The California Supreme Court cited multiple doctors who evaluated 21-month-old Consuelo Verdugo in November 1991 when she died. The baby was taken from the Delano Regional Medical Center to Kern Medical Center then eventually the UCLA Medical Center where she died November 25, 1991.Multiple reports were made by doctors who said based off the inability to insert a catheter, bruising found near Consuelo's genitalia and other factors, they believed she had been sexually assaulted.In the report put out by the California Supreme Court, many of those doctors then admitted later they were wrong in their initial assumptions and those issues "can instead be attributed to medical intervention," like multiple attempts at inserting a catheter.Speaking on behalf of Benavides’s post-conviction legal team after the conviction was lifted, the Habeas Corpus Resource Center’s Interim Executive Director, Michael J. Hersek said he and his team were pleased with today's decision. 2113

The long-running tv series “COPS” is filming again, however viewers in the US may not get to see the episodes.Last week, the Spokane County Sheriff’s Office said two “COPS” film crews were riding with their deputies in September and will be with them through the first week of November.“We have a longstanding relationship with COPS and Langley productions, and we are pleased they have decided to return, highlighting the outstanding work our Deputies provide to all of you,” the statement from the sheriff’s office said.“They show the hard work and professionalism of law enforcement, despite what some anti-law enforcement activists and those in the media want you to believe,” Sheriff’s Ozzie D. Knezovich is quoted as saying in the release about “COPS”.The show was canceled on Paramount Network in early June, as demonstrations focused on police tactics and violence against Black people grew in several cities following the deaths of Breonna Taylor, Ahmaud Arbery and George Floyd, among others.“Cops’ is not on the Paramount Network and we don’t have any current or future plans for it to return,” a Paramount Network spokesperson said in a statement to Variety in June.The new episodes being filmed in Spokane are likely destined for foreign markets. A spokesperson from Langley Productions told The Hollywood Reporter that the episodes being filmed now are to fulfill commitments in international territories where “COPS” still airs.There is no update on the “COPS” website or social media channels.“COPS” began its run on the fledgling FOX network in 1989, being a huge boon for the young network. The program was unique for embedding cameras within police departments, showing the work of officers throughout the US.But FOX dropped the program amid declining ratings, and was later picked up by Spike, which was later renamed Paramount Network. 1864

The National Park Service plans to thin a herd of bison in the Grand Canyon through roundups and by seeking volunteers who are physically fit and proficient with a gun to kill the animals that increasingly are damaging park resources.Some bison would be shipped out of the area and others legally hunted on the adjacent forest. Within the Grand Canyon, shooters would be selected through a lottery to help bring the number of bison roaming the far northern reaches of the park to no more than 200 within three to five years. About 600 of the animals now live in the region, and biologists say the bison numbers could hit 1,500 within 10 years if left uncontrolled.The Grand Canyon is still working out details of the volunteer effort, but it's taking cues from national parks in Colorado, the Dakotas and Wyoming that have used shooters to cut overabundant or diseased populations of elk. The Park Service gave final approval to the bison reduction plan this month.Sandy Bahr of the Sierra Club says she's hopeful Grand Canyon will focus mostly on non-lethal removal.The Grand Canyon bison are descendants of those introduced to northern Arizona in the early 1900s as part of a ranching operation to crossbreed them with cattle. The state of Arizona now owns them and has an annual draw for tags on the Kaibab National Forest. Nearly 1,500 people applied for one of 122 tags this year, according to the Arizona Game and Fish Department.The bison have been moving in recent years within the Grand Canyon boundaries where open hunting is prohibited. Park officials say they're trampling on vegetation and spoiling water resources. The reduction plan would allow volunteers working in a team with a Park Service employee to shoot bison using non-lead ammunition to protect endangered California condors that feed on gut piles.Hunters cannot harvest more than one bison in their lifetime through the state hunt, making the volunteer effort intriguing, they say."I would go if I had a chance to retain a portion of the meat," said Travis McClendon, a hunter in Cottonwood. "It definitely would be worth going, especially with a group."Grand Canyon is working with state wildlife officials and the Intertribal Buffalo Council to craft guidelines for roundups and volunteer shooters, who would search for bison in the open, said Park Service spokesman Jeff Olson.Much of the work would be done on foot in elevations of 8,000 feet or higher between October and May when the road leading to the Grand Canyon's North Rim is closed. Snowmobiles and sleds would be used to remove the bison meat, and helicopters in rare instances, park officials said.Carl Lutch, the terrestrial wildlife manager for Game and Fish in Flagstaff, said some models require volunteers to be capable of hiking eight miles a day, carrying a 60-pound pack and hitting a paper plate 200 yards away five times.The head and hide of the bison would be given to tribes, or federal and state agencies.Lutch said one scenario discussed is splitting the bison meat among volunteers, with each volunteer able to take the equivalent of meat from one full bison. Anything in excess of that would be given to tribes and charities, he said. A full-grown bull can have hundreds of pounds of meat.Theodore Roosevelt National Park in North Dakota used volunteers in 2010 for elk reduction, selecting 240 people from thousands of applicants, said park spokeswoman Eileen Andes. Some quit before the week was over, she said."We had quite a bit of snow, so you're not in a vehicle, you're not on a horse," she said. "You're hiking through snow to shoot elk and haul them out. It was exceedingly strenuous." 3664

The owner of a?dog that was stolen Saturday evening from a Petco in Palm Beach Gardens was reunited with her pet Tuesday morning.The dog's owner, Tara Harris, said police called her in the middle of the night to say they found her pet Maltese-mix named Teddy. Harris arrived at the Palm Beach Gardens police station at about 5 a.m. local time to pickup Teddy, who is 11-years-old, blind and diabetic.Palm Beach Gardens police said they arrested Heather Ryan, 48, who had the dog in her possession. Circumstances of the arrest have not been released by police. However, police said Ryan was arrested near Legacy Place off PGA Boulevard and charged with grand theft.Harris wanted to thank police and the public for their help reuniting her with Teddy.“I’ll never be able to put into words how unbelievably amazing it was (to be reunited with Teddy)," Harris said. "I can’t express into words how happy I am to have him back in my arms with my family."The dog, which lost 1.2 pounds in three days, was taken to a veterinarian to be evaluated. Teddy was slightly dehydrated when he was found overnight and is now on an IV since his blood sugar levels were high.   1247

The race for a COVID-19 vaccine appears to be on the horizon. But without large numbers of Americans getting the vaccine, the notion of herd immunity could be a challenge. Some are pondering whether people should be required to get a vaccine.Coronavirus cases are spiking across most of the country. Hospital ICU beds are becoming scarce, and a number of states are warning of potential lockdowns.“If they don’t start to bend this curve, then it is clear that we’re going to have to take more difficult measures and go to a stay-at-home order,” said Illinois Governor JB Pritzker.But there was some good news this week. Pfizer concluded phase three of its vaccine study. The two-shot course they say is 95 percent effective against COVID-19. Earlier in the week, Moderna said its vaccine is 94.5 percent effective.“Based upon the preliminary data that is out there, these vaccines appear to be quite safe and very, very effective at preventing COVID,” said Dr. Tina Tan, a professor of infectious disease at Northwestern University’s Feinberg School of Medicine and a pediatrician at the Ann & Robert H. Lurie Children’s Hospital in Chicago.If green-lit by the FDA, one question that may arise is whether Americans should be mandated to get vaccinated. In August, Dr. Anthony Fauci weighed in.“You don’t want to mandate and try and force anyone to take the vaccine. We’ve never done that,” said Fauci.According to a Pew Research survey in September, about half of U.S. adults (49 percent) said they definitely or probably would not get vaccinated. That was up from 27 percent in May.“I think it's going to be really important to build public trust before we talk about mandating vaccines for adults or even for children,” said Tan.Tan points out that none of the vaccines have been tested in children, and so, school mandated vaccinations could be years away.Still, legal scholars say local vaccine mandates have historically had solid legal precedent for enforcement for more than a century.“The short answer is yes, a vaccine can be mandated under the law,” said Juliet Sorensen, a professor of health and human rights at Northwestern University’s Pritzker School of Law.Sorensen says it’s still a complex question, not just about whether a vaccine can be mandated, but whether it should be.“The Constitution empowers state and local governments to take measures in furtherance of the public health as long as there is a basis in science for doing so,” she explained.And while few are endorsing a vaccination mandate right now, as the death toll climbs without universal mask-wearing and social distancing, it could be up for further debate. 2655